[Trademarks] Tokyo District Court, Reiwa 4 (Wa) No. 16062 — “仙修” (Judge Shibata)
Updated: 2 days ago
Article information
Article type: Case note
Categories: Trademarks
Topics: Similarity of trademarks, Trademark infringement
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: Reiwa 4 (Wa) No. 16062
[Trademarks] Tokyo District Court, Reiwa 4 (Wa) No. 16062 — “仙修” (Judge Shibata)
Registered mark: 仙脩
① 仙修: similar
② 仙修六神丸: similar
③ 御所 (boxed separately) 仙修: similar
④ 御所仙修: dissimilar
① 仙修 versus 仙脩
Both have two kanji, the first being the identical 仙. The second characters, 脩 and 修, differ in whether part of the lower portion resembles 月 or 彡; the remaining shapes closely resemble each other, as do the overall visual impressions. Both are pronounced “senshu.” Although 脩 originally means dried meat, it also largely encompasses meanings of 修. No conspicuous conceptual difference strongly suggesting distinct meanings to consumers was found. Overall similarity in appearance, pronunciation and concept was therefore established.
② 仙修六神丸
Of the five characters, 六神丸 has long denoted a traditional Chinese medicine/cardiotonic for palpitations and shortness of breath. It lacks inherent source-identifying force for consumers and is close to a generic name. Thus, 仙修 performs the strong source-identifying function. Comparing that portion with 仙脩 establishes similarity in appearance, pronunciation and concept as above; the mark as a whole was held similar.
③ 御所 (boxed separately) 仙修
A space separates 御所 and 仙修, and 御所 is boxed, visually dividing the two portions. 仙修 therefore strongly identifies source for ordinary consumers. 御所 may be known as a place name in Nara, but it is unclear whether that meaning is immediately familiar nationwide; it may also be read “gosho,” meaning an imperial residence, and does not necessarily evoke one clear concept. The readily separable 仙修 portion resembles 仙脩, so this mark as a whole was also held similar.
④ 御所仙修
The characters run together within the same frame, without a space. Separate observation of the two portions is therefore not inevitable. 御所 also has some source-identifying function, and the whole forms a continuous pronunciation and appearance. Its appearance plainly differs from the two-character 仙脩, and “gose-senshu” or “gosho-senshu” sounds substantially different from “senshu.” On overall observation, the marks were held dissimilar. The court regarded 御所仙修 as a single, fully combined sign, not sufficiently similar to cause confusion with the registered mark.
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2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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